Foreign lawyers<\/p>\n
In The Jakarta Post, April 13, Attorney Kartini Muljadi
\npresented clearly the rationale for the position taken by
\nIndonesian lawyers' groups on foreign lawyers working in
\nIndonesia. Other countries have similar restrictions on the
\nemployment of foreign attorneys within their borders. The bar
\nassociations of my own country (the U.S.) certainly have tight
\ncontrols on foreign lawyers. In her article, Ms. Muljadi refers
\nto those who attempt to circumvent the restrictions by working as
\n\"business consultants with an Indonesian company operating under
\nthe foreign capital investment law\". As someone who is licensed
\nto practice law in the U.S. but who is authorized to work in
\nIndonesia in the field of management consulting, may I address a
\ngray area?<\/p>\n
Many attorneys in America do not practice law as such, but
\nwork as business consultants in a broad range of ventures. So,
\ninstead of practicing law in New York, where I am licensed to
\npractice, I might decide to work as a business consultant in
\nCalifornia, where I am not licensed to practice law. I would have
\nno more right to give advice on California law or to represent a
\nclient in court in California than Ms. Muljadi would, because in
\nthe eyes of the State of California I, too, am a \"foreign\"
\nlawyer. But I may work as a business consultant in California.<\/p>\n
The specific substantive expertise of lawyers lies in
\nunderstanding and interpreting law. But lawyers are also trained
\nin skills of fact-gathering, questioning, analysis and document
\ndrafting.<\/p>\n
Political scientists, economists, researchers and business
\nconsultants all need to be adept at these skills. But because the
\npractical training of lawyers emphasizes these skills, they are
\noften in demand as consultants. Consultants, whether Indonesian
\nor foreign, capitalize on those factors in their academic and
\nprofessional backgrounds which enhance their appeal to clients.
\nAs a consultant who is also an attorney, I refer to my legal
\nbackground when meeting clients because I think it supports a
\nconsultant's credibility. I also explain that I am not authorized
\nto practice law here.<\/p>\n
The gray area: If a foreign attorney has a work permit to work
\nhere as a consultant, when and how does the consultant cross the
\nline into the forbidden land of practicing law? Guidelines need,
\nperhaps, to be more defined if they are to protect the interests
\nof Indonesian lawyers, of local clients who engage foreign
\nconsultants, and of foreign consultants who want to do the right
\nthing.<\/p>\n
Ms. Muljadi also referred to practices which \"violate the
\nspirit and letter of the prevailing rules.\" Unfortunately, here,
\nit is sometimes easy to avoid compliance with the spirit of the
\nlaw because officials themselves rely heavily on the letter of
\nthe law when enforcing compliance. The tendency to interpret
\nregulations and laws so legalistically invites abuse, by
\ndissembling foreigners and disingenuous officials alike.<\/p>\n
The problem is larger than that of foreign lawyers engaged in
\nthe unauthorized practice of law. Indonesian English teachers,
\nmanagers and other professionals are also disadvantaged: passed
\nover in favor of relatively cheap foreigners who work here
\nwithout the proper credentials and permits. These other
\nprofessionals do not have the visibility and strong lobbying
\npower of lawyers' groups.<\/p>\n
Self-styled foreign \"consultants\", managers, English teachers
\noften are employed quite openly without benefit of a work permit.
\nDoesn't this give an unfair business advantage to those who avoid
\nthe US$1,200 per person\/per year tax?<\/p>\n
While some employers who have gone to great lengths (and
\nexpense) to obtain work permits are victimized by corrupt
\nimmigration officials because of innocent mistakes in documents,
\nother foreigners work openly for years without obtaining the
\nproper sponsorship and permits.<\/p>\n
Some employers want to comply with the immigration law, but
\neventually ignore visa and work-permit regulations because the
\nrules are so obscure, or the bureaucracy is so slow, or some
\nlocal officials and agents demand exorbitant unofficial fees, or
\nit is finally easier and cheaper to pay off a lower-level
\nimmigration inspector than to go through proper channels. This is
\nold news. Where are the new solutions?<\/p>\n
DONNA K. WOODWARD<\/p>\n
Medan, North Sumatra<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/foreign-lawyers-1447899208", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }